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General conditions of use of the bewifi web application
Effective date: January 1, 2021
The Bewifi web application (hereinafter the "Application") is a platform for connecting an owner of a Wifi connection and an individual. More specifically, the Application makes it possible to facilitate the sharing by professionals (hereinafter the "Users") of their Wifi connections to beneficiaries (hereinafter the "Visitors"), as well as their interactions via a dedicated interface. As such, the User offers a place to connect to his wifi connection.
The purpose of these general conditions is to define the terms and conditions of use of the services offered on the Application (hereinafter: the "Services") as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a link from the page of the user's profile of the Application.
They may be supplemented if necessary by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradiction, prevail over them.
Operator of the Application and Services, contact
The Application and the Services are operated by the company Beacon & Eggs, SAS with share capital of 30,000 euros, registered with the RCS of Créteil under number 831 328 315, whose registered office is located at 30 avenue Julien Duranton, 94460 Valenton (hereafter: "B&E").
B&E can be contacted at the following coordinates, in particular for any complaint:
Postal address: 30 Avenue Julien Duranton 94460, Valenton
Email address: email@example.com
Access to the Application and Services
The Application and the Services are accessible:
- To any natural person with full legal capacity to undertake under these general conditions. The natural person who does not have full legal capacity may only access the Application and the Services with the agreement of his legal representative.
- To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.
Application and Services for Professionals
The Application and the Services are intended exclusively for professionals, understood as all natural or legal persons exercising a remunerated activity on a non-occasional basis in all sectors of activity of industry and commerce.
Acceptance of general conditions
The acceptance of these general conditions by Users who register on the Application is materialized during the validation of the registration by the mention: "by registering, you accept our conditions of use and our privacy policies".
It is necessary to be registered to use the Application.
Acceptance of these terms and conditions can only be full and complete. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these terms and conditions must not access the Application or use the Services.
Registration on the Application
The use of the Services requires the User to register on the Application, by completing the form provided for this purpose. The User must provide all the information marked as mandatory.
Any incomplete registration will not be validated.
Once this information has been validated, the User will receive an email containing a link to validate his account on the Application.
Registration automatically entails the opening of an account in the Name of the User giving him access to a personal space (hereinafter the "Profile") which allows him to manage his use of the Services in a form and according to the technical means that B&E deems most appropriate to render the said Services.
The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not tainted by any misleading character.
He undertakes to update this information on his Profile in case of changes, so that they always correspond to the aforementioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Profile is proof of his identity. The information entered by the User commits him as soon as it is validated.
The User will be able to access his Profile at any time.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Application using the latter being deemed to be carried out by the User. The latter must immediately contact B&E at the contact details mentioned in Article 2 hereof if he notices that his Profile has been used without his knowledge. It acknowledges the right of B&E to take all appropriate measures in such cases.
Users who have created a Profile have the possibility to offer access to their wifi network in the place hosting this connection (hereinafter the "Location"). For this, Users have the possibility to create a sheet concerning the Place where they offer access to their wifi connection (hereinafter, the "Location Sheet") within the limit of the number of Places indicated on the Application.
If the User wishes to create more Places, he will have the possibility to create an organization (hereinafter the "Organization") allowing a User to designate Place managers and / or delegate the creation of Places.
In order to create a Location Record or an Organization, the User must provide the information required by the Application.
The Location Sheet, managed by the User, describes in particular the place of access to his wifi connection, the additional services offered by the Place and allows interaction with Visitors.
The User guarantees that all the information he gives on his Location Sheet is accurate, up-to-date and sincere and is not tainted by any misleading character.
Description of Services
Users have access to the following Services, in a form and according to the functionalities and technical means that B&E deems most appropriate.
WiFi network sharing
The User may allow access to his wifi to Visitors in a public way.
To allow visitors to connect to their Wi-Fi network, they must provide the information required by the Application.
Other Services accessible to Users
The User has communication features on each Place Sheet allowing him to communicate with the Visitors (hereinafter the "Flash Messages").
The User may send Flash Messages indifferently to all Visitors connected at that time to his wifi connection and present on the Place as well as to non-connected Visitors who have decided to follow the news of the Lieu according to the modalities specified on the Application.
Any User may report to B&E a message or content exchanged via messaging, under the conditions of the article "Liability and guarantee of B&E".
Publications on Places Sheets
The Owner of a wifi connection has the option of posting a publication on their Location Sheet to communicate with the Users who follow them.
Log data retention services
At the request of a judicial authority, B&E may, in order to assist Users, store and provide the following:
- phone number
- connection dates
- connection start times
- connection end times
- places of connection
The storage of this data and its availability will be possible for a period of one year.
These data do not allow the identification of a Visitor.
B&E may make this data available to Users provided that they can produce proof of ownership of their Wifi connection. As such, Users must provide an invoice of less than 3 (three) months from their Internet service provider.
B&E reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to render said Services.
The free services (hereinafter the "Free Services"), described on the Application, are provided free of charge.
The paid services, described on the Application (hereinafter the "Paid Services") are provided in the form of a monthly subscription (hereinafter the "Subscription") whose price, indicated on the Application, is proportional to the number of Places available to the User. The Subscription offers additional features, as described on the Application.
Unless otherwise stated, prices are expressed in euros and excluding taxes.
The User will benefit from a free test phase of 30 (thirty) days (hereinafter the "Test Phase"). If at the end of the Test Phase, the User wishes to subscribe to a Subscription, he must fill in his bank details on the Application, in accordance with the terms and conditions provided for by the Application.
The prices provided for in Article 7.2 and on the Application may be revised at the beginning of each month according to the number of Places available to the User. These prices will be revised if the User has added or removed Places compared to the previous month.
If the addition or removal of Places occurs in the middle of the Subscription Period, the new price will be reflected in the following month.
In general, the prices provided for in Article 7.2 and on the Application may be revised by B&E at any time, at its sole discretion.
The User will be informed of this revision by B&E by any written means (including by e-mail), at least 7 (seven) days before the entry into force of the new prices.
When they come into effect, the new prices apply when the Subscription is renewed.
The Services are invoiced by Subscription Period which are communicated to the User by any useful means and in particular on their Personal Space.
The User will proceed to the payment by credit card.
The User guarantees B&E that he has the necessary authorizations to proceed with the payment of the price.
Duration of Services, unsubscription
The Free Services are subscribed for an indefinite period.
Users may unsubscribe from the Services at any time through their Profile.
Unsubscription is effective immediately. It automatically deletes the User's Profile, as well as any associated data.
B&E also reserves the right to close and delete any Profile that remains inactive for a continuous period of 6 months, after notification to the User.
At the end of the Test Phase, the Services may be subscribed in the form of a Monthly Subscription.
The Subscription begins on the day of the subscription, subject to payment of the price in accordance with the article "Financial Conditions", for a period of 1 (one) month (hereinafter the "Initial Period"), from date to date.
It is then automatically renewed for successive periods of the same duration as the Initial Period, unless terminated by B&E or the User.
As such, the User may denounce the Subscription at any time through his Organization.
The denunciation takes effect immediately and the User will only be liable for the Subscription Period started.
It results in the automatic deletion of the Organization.
The data associated with the Organization will be deleted within 30 days of the deletion of the account.
The termination of the Subscription may also be made by B&E by sending an email to the User.
Convention of proof
Users expressly acknowledge and accept:
- that the data collected on the Application and B&E's computer equipment are proof of the reality of the operations carried out within the framework of the present,
- that such data constitute the main mode of proof accepted between the parties.
Users can access this data via their Profile.
Obligations of Users
Without prejudice to the other obligations set out herein, the Users undertake to comply with the following obligations
Users undertake, in their use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
They are solely responsible for the proper completion of all formalities including administrative, fiscal and / or social and all payments of contributions, taxes or taxes of any kind that fall to them if necessary in connection with their use of the Services. The responsibility of B&E can in no case be engaged in this respect.
The Users acknowledge having read on the Application the characteristics and constraints, in particular technical, of all the Services. They are solely responsible for their use of the Application and services and in particular:
- The relationships they may establish with other Users and Visitors and the information they will communicate to them as part of the Application and Services. It is up to them to exercise appropriate prudence and discernment in their relationships and communications.
- Users also undertake, in their exchanges with other Users and Visitors, to respect the usual rules of politeness and courtesy.
Users undertake to make strictly personal use of the Services. They are therefore prohibited from assigning, granting or transferring all or part of their rights or obligations hereunder to any third party, in any way whatsoever.
Users undertake, when registering and during the use of the Services, to provide valid, accurate and personal information about their identity, their wifi connection or their Location.
In order to offer its wifi connection through the Application, Users undertake to be the owner of this connection, and to provide the supporting documents requested by B&E if necessary.
To guarantee the security of the B&E Services, users undertake not to make public its wifi code, other than through the Application. In the event that the User makes his wifi code public outside the Application, or uses a technical means other than the Application to share his wifi connection, B&E cannot be held responsible for sharing this connection as well as its use.
To ensure the optimal use of the Application, Users undertake to update their login information.
Users undertake to provide B&E with all the information necessary for the proper performance of the Services. More generally, the Users undertake to cooperate actively with B&E for the proper execution of the present.
Users are solely responsible for content of any kind (editorial, graphic, audio, audiovisual or other, including the name and/or image that May be chosen by Users to identify it on the Application) that they disseminate as part of the Services (hereinafter referred to as: the "Content")
They guarantee to B&E that they have all the rights and authorizations necessary for the dissemination of this Content.
They undertake that said Content is lawful, does not infringe public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to bring into play the civil or criminal liability of B&E.
The Users are thus prohibited from broadcasting or consulting via the Application and the wifi connection made available, in particular and without this list being exhaustive:
- Pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist content,
- infringing Content,
- Content that infringes the image of a third party,
- Content that is false, misleading or proposing or promoting illicit, fraudulent or deceptive activities,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally Content likely to infringe the rights of third parties or be detrimental to third parties, in any way and in any form whatsoever.
Users expressly authorize B&E to use their Profile image, for the purpose of illustrating on the Application or promoting it, by any means and on any medium, for the whole world, for the duration of the User's registration on the Application. This authorization is granted free of charge.
Users acknowledge that the Services offer them an additional, non-alternative solution to share a Wi-Fi connection and that this solution cannot replace the other means that Users may otherwise have to achieve the same objective.
Users must take the necessary measures to save by their own means the information in their Profile that they deem necessary.
Personal data relating to Users are collected and processed by B&E for specific purposes, the main one being the implementation of the Services offered through the Application.
Users may only use this data for other purposes (for example prospecting or commercial solicitation for their benefit) or, more generally, carry out any processing of this data, subject to compliance with the regulations applicable in this area and all the obligations arising therefrom.
They undertake in any case to keep this data strictly confidential and to take all necessary measures to ensure its security and confidentiality.
Guarantee of Users
Users warrant B&E against any claims, claims, actions and/or claims whatsoever that B&E may suffer as a result of the User's breach of any of their obligations or warranties under these terms and conditions.
They undertake to indemnify B&E for any damage it may suffer and to pay it any costs, charges and/or convictions it may have to bear as a result.
It is strictly forbidden to use the Services for the following purposes:
- the exercise of illegal, fraudulent or infringing activities on the rights or safety of third parties
- breach of public order or violation of laws and regulations in force,
- intrusion into a third party's computer system or any activity likely to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or security,
- the sending of unsolicited emails and / or prospecting or commercial solicitation,
- manipulations intended to improve the referencing of a third-party site,
- the use of the Application and of the wifi connections made available to consult illegal or infringing sites, as mentioned in the article "Obligations of Users",
- aid or incitement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.
It is strictly forbidden for Users to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the B&E Application.
The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) all intrusions or attempted intrusions into the B&E or Owners' systems, (iii) all hijackings system resources of the Application, (iv) all actions likely to impose a disproportionate load on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all actions likely to infringement of the financial, commercial or moral rights and interests of B&E or of the users of its Application, and finally more generally (vii) any breach of these general conditions.
It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the Application, as well as to the information hosted and / or shared there.
Penalties for breaches
In the event of a breach of any of the provisions of these general conditions, or more generally, of a breach of laws and regulations by the User, B&E reserves the right to take any appropriate measure and in particular to:
- suspend, delete or prevent access to the Services of the User, perpetrator of the breach or violation, or who participated in it,
- delete any Content related to the breach or offense considered, in whole or in part,
- take all appropriate measures and initiate any legal action,
- notify the competent authorities, if necessary, cooperate with them and provide them with all the information useful for the investigation and suppression of illegal or illicit activities.
Users are informed and accept that any breach of their obligations may result, in addition to the consequences provided for above, the immediate deletion of their Profiles, by any written means.
Liability and guarantee of B&E
B&E undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users and the Owners expressly recognize and accept.
B&E is not aware of the Content posted by Users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it intervenes only as a hosting provider.
Consequently, B&E cannot be held responsible for the Content, the authors of which are third parties, any possible complaint having to be directed in the first place to the author of the Content in question.
Content prejudicial to a third party may be notified to B&E in accordance with the terms provided for in article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, B&E reserving the right to take the measures described in the article "Penalty for breaches"
B&E acts as a broker in that it provides Users and Visitors with tools and technical means allowing them to enter into contact for the purpose of sharing the use of wifi connections through the Application. Its responsibility is limited to the provision of these means, as described herein and to the linking of Users and Visitors.
B&E declines all responsibility in the event of any loss of the information accessible in the User's Profile, which must save a copy and cannot claim any compensation in this respect.
B&E undertakes not to disclose the password of the User's wifi connection. As such, B&E undertakes to implement sufficient security measures to guarantee the confidentiality of this password. However, B&E is not responsible if the User discloses the password for this connection.
B&E undertakes to carry out regular checks in order to verify the functioning and accessibility of the Application. As such, B&E reserves the right to temporarily interrupt access to the Application for maintenance reasons. Likewise, B&E cannot be held responsible for difficulties or momentary impossibilities of access to the Application which originate from circumstances outside it, force majeure, or which are due to disruptions to the telecommunications networks.
B&E does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress, will be completely free of errors, defects or defects, (ii) that the Services, being standard and not offered for the sole purpose of a given User according to his own personal constraints, will specifically meet their needs and expectations.
In any event, the liability that may be incurred by B&E hereunder is expressly limited to only proven direct damage suffered by the User or the Owner.
Intellectual property of B&E
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by B&E within the Application are protected by all intellectual property rights or rights of the producers of databases in force. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of B&E are strictly prohibited and may be subject to legal proceedings.
Intellectual property of Users
The Services may allow the dissemination and exchange of public information between Visitors and Users.
Users acknowledge and accept that by posting Content on the Application, they intend to participate voluntarily and freely in the diversity of this information, in the spirit of a community exchange. As such and for the purposes of implementing the Services:
- They agree to their Content being distributed free of charge by B&E on the Application and on all other French or foreign websites, published by all companies with which B&E has agreements,
- They consent to their Content being distributed by B&E by any means and on any medium for the purposes of promoting the Application,
- They accept that their editorial content be translated into all languages,
- They recognize and accept that the Content may be subject to modifications, in particular as to their framing, format and colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Application,
- They waive the right to ask B&E for any remuneration, royalty, indemnity or financial compensation in this regard.
B&E practices a personal data protection policy, the characteristics of which are explained in the document entitled "Charter relating to the protection of personal data", of which Users are expressly invited to take note.
The Charter is accessible on the Application.
Links and third-party sites
B&E can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User accesses through the Application.
B&E is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User is directed through the Application and can in no way be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, the warranties, representations and other obligations of any kind to which such third parties are bound.
The User expressly authorizes B&E to quote it and to use, if necessary, the reproduction of its brand or its logo as commercial references, in particular during demonstrations or events, in its commercial documents and on its website, under any form whatever.
B&E reserves the right to modify these general conditions at any time.
Users will be informed of these changes by any useful means and in particular by SMS.
Users who do not accept the amended terms and conditions must unsubscribe from the Services according to the terms set out in the article "Duration of the Services, unsubscription".
Any User who uses the Services after the entry into force of the amended terms and conditions is deemed to have accepted these changes.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.
Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, except for mandatory procedural rules to the contrary.